DTLAPoor

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About DTLAPoor

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  1. I understand your point. As far as his word v mine, I have the whole interaction on video...but I get he's the server and not the debt collector.
  2. Well, the first thing that comes to mind is that the process server told me that he was a representative of Synchrony Bank -- which, to my knowledge, is inherently false because Synchrony isn't suing me. That, in itself, would be a violation of "(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization." Source: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text Would you agree? Sorry if my question seems simple -- I just don't want to sound ridiculous to these people. They're like sharks and I don't want them to smell blood.
  3. In the process, my JDB (midland) emailed me after receiving the initial demand for payment from JAMS and they're asking me to provide details about the alleged violation via email. In the demand, i left it vague as "“Violations of State and Federal Consumer Debt Collection Laws.” Should I respond to the email -- if so, what do we think would be an appropriate response?
  4. Update: Moving forward with the arbitration. I have a hearing for my MTC with the court in about a month or so. After filing my response to their lawsuit (denial + motion), Midland sent me a settlement offer that equals the amount of the arbitration filing fees I demanded they pay. I have declined their settlement.
  5. Absolutely. I'll update you as soon as I get any real developments. My answer was accepted by the court and a trial date has been set for 2021. Once my MTC has been granted and I start dealing with arbitration I'll provide updates.
  6. update -- i filed my answer. it's pending right now. i also took the sample MTC and simply swapped out the info with my own -- tomorrow i'm off to have my affidavit consisting of my statement + the credit card agreement with the arbitration clause notarized. then i'm filing the MTC on Friday. hopefully this works. will report back.
  7. Here's the long/short of it. I was served a summons and I'm being sued by Midland Funding LLC for an old Care Credit card I had with Synchrony Bank. I opened the card in 2015. The debt owed is $2,300. I have not responded to the lawsuit yet -- I have until 8/12 to do so. I was served 7/12. I've been scouring these threads and from what I've gathered my best bet would be to file a Motion to Compel and move this to arbitration. I went through the arbitration thread and saw the sample MTC, but I have no idea what to do with it or *how* to file it. Should I file a general denial with the Superior Court of California first? Should I file the MTC as my response? Any assistance would be *greatly* appreciated.